Lo and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application by Mr Lo for Australian citizenship by conferral, which was refused by the Minister for Immigration and Border Protection. The decision was reviewed by the court, presided over by Cr Walsh SM. The core of the dispute revolved around whether Mr Lo met specific eligibility criteria under the *Australian Citizenship Act 2007* (Cth) at the time of his application.

The court was required to determine two primary legal issues. Firstly, whether Mr Lo satisfied the general residence requirement as stipulated in section 22 of the Act at the time he lodged his citizenship application. Secondly, the court had to assess whether Mr Lo was likely to reside, or continue to reside, in Australia, or to maintain a close and continuing association with Australia, should his citizenship application be approved, as required by section 21(2)(g) of the Act. It was not in dispute that Mr Lo met several other eligibility criteria, including being of legal age, a permanent resident at the relevant times, understanding the application process, possessing basic English language skills, having adequate knowledge of Australia and its citizenship responsibilities, and being of good character.

In reaching its decision, the court considered the provisions of section 21(2) of the *Australian Citizenship Act 2007* (Cth), which outlines the general eligibility requirements for citizenship by conferral. The court noted that Mr Lo had conceded that the special residence requirement and the defence service requirement were not applicable to his case. Therefore, the focus remained on the general residence requirement and the likelihood of future residence or association with Australia. The court's reasoning would have involved an examination of the evidence presented in relation to Mr Lo's past residence in Australia and his future intentions or connections to the country.